Showing : 21-30 of 161 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3-- Minor - Guardian - Where natural guardian or duly constituted guardian had adverse interest against minor in a suit, then, a next friend or guardian ad litem, as the case may be would represent minor in civil litigation - However, next friend representing minor in suit U.O.32.R.1 CPC will not take..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3-- Minor - Next friend and guardian ad litem - Appointment of a guardian ad litem or a next friend in a suit is limited only for suit and after discharge of that guardian ad litem/next friend, right/duty of guardian as defined u/s 4(b) of Hindu Minority and Guardianship Act automatically continues as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3, 4, 6, 7(As-- Person of unsound mind - Sued but not through guardian or next friend - On objection being raised by defendants plaintiff filed an application to implead major son with whom person of unsound mind was residing - Son having no interest adverse to her - Application supported by an affidavit - There..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Suit for declaration - Plaintiff claiming herself of unsound mind and seeking appointment of legal guardian - Plaintiff died before decision of application - Application by L.R's for impleadment - Court has no jurisdiction to entertain suit on behalf of a dead person - Plaint returned being not..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor - A person who takes steps in a suit on behalf of a minor, automatically constitutes himself the next friend of minor - An order of Court, as in the case of a guardian ad litem for a minor defendant, is not necessary for that purpose - To be more precisely, a person filing suit as next..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor - Next friend or guardian ad litem - Appointment by Court is limited to that legal proceedings and beyond - The mandates in the personal law regarding competency of a natural guardian or a legal guardian or a defacto guardian are in the realm of private dealings in respect of minor's..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Suit filed by person of unsound mind through his next friend - Trial Court declared plaintiff as person of unsound mind without conducting any enquiry or following the provisions of O.32.Rr.1 to 14 CPC - Besides this, there is no document or notice on record that plaintiff was suffering from any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 7-- Minor - Compromise - Order dismissing suit as withdrawn by next friend on behalf of minor - Recall of order - Neither satisfaction of Court was recorded nor it had been mentioned as to how compromise was in the interest of minor - Only on the basis of statement of next friend of minor, suit was..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 3A-- Decree against minor - When there is no representation on behalf of minor and no guardian is appointed by Court, decree passed amounts to nullity...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 3A-- Decree against minor - Cannot be set aside merely on ground that next friend or guardian of minor has interest in subject matter of suit adverse to that of minor - Whereas, it has to be shown that prejudice is caused to interest of minor...........

Showing : 21-30 of 161 Results